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031207 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 12,2007 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES CONVENE CITY COUNCIL MEETING 1. Mayor Lizee called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Callies, Turgeon, Wellens, and Woodruff; Attorney Keane; Finance Director Burton; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Wellens moved, Callies seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, February 26, 2007 Wellens moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of February 26, 2007, as Amended in Item 5.A, Page 3, Paragraph 6, Sentence 2, change "levels to those required, maybe the City should challenge the mandate and not comply with it" to "levels to those required, the City may be the first city unable to comply", and in Item 9.F, Page 8, Paragraph 5, Sentence 3, change "He stated he would support Dawson's attending the first committee with the goal" to "He stated he would support Dawson's attending the first committee meeting with the goal", and in Item 9.F, Page 8, Paragraph 9, Sentence 5, change "present Council with an update on the Friends Board's activities on a quarterly" to "present Council with an update on the Friends Board's activities quarterly". Motion passed 4/01 with Callies abstaining due to her absence at the meeting. B. City Council Work Session Minutes, February 26, 2007 Woodruff moved, Turgeon seconded, Approving the City Council Work Session Minutes of February 26, 2007, as Amended in Item 2, Page 2, Paragraph 1, Sentence 8, change "boat could not be launched at any other site on Lake Mille Lacs" to "boat could not be launched at any other site", and change Item 2, Page 4, Paragraph 3, Sentence 3, change "Mr. Hodapp was instrumental in increasing the fee from fifty-cents to 85-cents rather than the proposed increase to $1.00" to "Mr. Hodapp was instrumental in limiting the increase to 35 cents (from 50-cents to 85-cents)". Motion passed 4/0/1 with Callies abstaining due to her absence at the meeting. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. SHOREWOOD CITY COUNCIL REGULAR MEETING March 12, 2007 Page 2 of9 A. Approval of the Verified Claims List (This item was moved to Item 9.A under GeneraI/New Business.) B. Staffing - No action required C. Concession Operation Services Agreement D. Approval of the Park Coordinator Services Agreement E. Ordinance Amending Seasonal Weight Restrictions (This item was moved to Item 9.B under GeneraI/New Business.) F. Recycling Services Agreement G. Approving ORDINANCE NO. 435, "An Ordinance Amending Chapter 201 of the Shorewood City Code Relating to the Planning Commission." H. Approving a License Agreement for Use of Public Storm Sewer System for Peach Circle (This item was moved to Item 9.C under GeneraI/New Business.) I. Approval of the Agreement with Minnetonka Community Education for Lifeguard Services for Crescent Beach J. Approval of a License Agreement for Use of Data with the Minnehaha Creek Watershed District (This items was moved to Item 9.C under GeneraI/New Business.) K. Authorize Expenditure of Funds for Sanitary Sewer Maintenance L. Authorize Expenditure of Funds for Vehicle Maintenance Wellens moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING A. 7:00 p.m. - Public Information Hearing Regarding Storm Water Pollution Prevention Program Mayor Lizee opened the Public Hearing at 7: 11 P.M. SHOREWOOD CITY COUNCIL REGULAR MEETING March 12,2007 Page 3 of9 Director Brown stated Engineer Landini would give the presentation outlining the City's Storm Water Pollution Prevention Program (SWPPP) and items that would be included in the annual report. Those two items were the main requirements for obtaining a National Pollutant Discharge Elimination System (NPDES) permit, a permit required by the Federal Clean Water Act. (A complete Agenda of the information presented to satisfy the requirements of this Program and permit are attached to these meeting minutes. A complete copy of information referenced in the Program presentation can be found on record at City Hall.) Engineer Landini provided a brief overview ofthe following items with regard to Shorewood's SWPPP. ~ What storm water was - rain, snow melt, and other surface runoff and drainage ~ Where storm water travels to in the City . It travels over land, in ditches, and through pipes throughout the City . It discharges into Lake Minnetonka, or into Purgatory Creek (14% of the City's discharges) and then on into the Minnesota River ~ The difference between "point source" and "nonpoint source" . Point source - storm water runoff that travels through a conveyance system which is regulated under a NPDES permit from the Minnesota Pollution Control Agency (MPCA) . Nonpoint source - storm water runoff that is not a point source (it originates from snow melt, residential car-wash water, etc.) and it is addressed by the City's Municipal Separate Storm Sewer Systems (MS4) permits from the MPCA ~ Storm water challenges . Storm water quality decreases as it travels throughout the City by absorbing nutrients . The volume of storm water increases as a result of increases in hardcover . Illicit discharges and illicit connections result in non-storm water discharges entering the systems ~ The two separate underground systems for storm water flow - the sanitary sewer system which flows into the water treatment plant in Shakopee, and the City's storm water drain system that flows into Lake Minnetonka and Purgatory Creek ~ Storm water pollutants - sediment, nutrients, bacteria, oxygen demand, oil and grease, trace metals, toxic chemicals, chlorides, and thermal impacts ~ Storm water impact on Minnesota Water quality - there are approximately 90,000 miles of stream and river waterways; and of the 10% of those waterways that had been assessed, 40% were impaired ~ Requirements to obtain the NPDES permit . Implement a storm water pollution prevention program (SWPPP) . Track progress toward goals . Report on progress toward goals ~ The City's SWPPP had six minimum control measures (MCMs) . MCM 1 - Public Education and Outreach · Develop a community outreach plan - in progress · Education materials developed by the MPCA and MCES are distributed via the ShoReport and on the City's web site . MCM 2 - Public Participation and Involvement · Provide public notice - which was done for this public hearing SHORE WOOD CITY COUNCIL REGULAR MEETING March 12, 2007 Page 4 of9 · Create a public involvement plan - solicit public feedback at this public hearing · Hold a public hearing on the program - this meeting . MCM 3 - Illicit Discharge and Detection Elimination · Develop and maintain a storm sewer system map · Educate the residents on problems related to dumping in storm sewers . MCM 4 - Construction Site Storm Water Runoff · Enact the MPCA's model ordinance · Coordinate the erosion and sediment control program, and the NPDES construction storm water permitting with the Watershed District · Educate the construction industry . MCM 5 - Post Construction Storm Water Management · Adopt the MPCA' s model storm water management ordinance · Ensure proper operation and maintenance of post-construction controls . MCM 6 - Pollution Prevention and Good Housekeeping · Implement an operations and management program that focuses on pollution prevention · Train community employees on good housekeeping practices · Educate the community on pollution prevention ~ Some of the benefits of a SWPPP to the City . Enhanced fishing . Enhanced opportunities for recreation . Reduced flood damage . Drinking water benefits . Navigational benefits on Lake Minnetonka . Reduced illness . Enhanced aesthetic value ~ How the public can get involved . Follow pollution prevention tips . Pass on information about the storm water program to other residents . Report any storm water issues to the City Engineer Seeing no one present wishing to speak on this topic, Mayor Lizee opened and closed the public testimony portion of the Public Hearing at 7:23 P.M. Councilmember Wellens questioned if the City's policy should change with regard to installing curbs and gutters as they may negatively impact storm water runoff. Director Brown explained that the volume of storm water does need to be managed; curbs and gutters do not increase the volume of storm water runoff, but they may increase the flow rate. In response to another question, Brown stated the City had received a report from Peter Willenbring, WSB and Associates, with regard to updating the City's storm water management plan. In response to a question from Councilmember Turgeon with regard to storm water best management practices, Director Brown stated one of the more significant challenges was the increased level of documentation required to track inspections of storm water structures; there were not any major policy changes from 2006. SHOREWOOD CITY COUNCIL REGULAR MEETING March 12, 2007 Page 5 of9 Mayor Lizee commented that the City had been timely with its storm water management reports in the past. She noted that the MPCA was requesting the City adopt its storm water management ordinances. She questioned if adopting those practices would require significant changes to the City's standards. Engineer Landini stated the various changes would need to be accomplished prior to the expiration of the City's current permit in 2011. Turgeon moved, Wellens seconded, Directing Staff to Prepare a Record of Decision Regarding the City's Storm Water Pollution Prevention Program. Motion passed 5/0. Mayor Lizee closed the Public Hearing at 7:29 P.M. 7. PARKS - Report by Representative A. Report on the March 6, 2007, Park Commission Work Session Director Brown reported on matters considered at the March 6, 2007, Park Commission Work Session (as detailed in the minutes of that meeting). 8. PLANNING - Report by Representative Commissioner Gniftke reported on matters considered and actions taken at the March 6,2007, Planning Commission meeting (as detailed in the minutes of that meeting). 9. GENERAL/NEW BUSINESS A. Approval of the Verified Claims List This item was pulled from the consent agenda at the request of Council member Turgeon. Council member Turgeon stated she would like to pull check # 44133 for Senior Community Services (SCS) for an amount of $13,441 from the verified claims list. Her rationale for wanting the pull the check tied back to discussions between Council, SCS, and the Friends Board in August 2006 regarding additional funding. She recollected that at that time Council requested SCS prepare a capital improvement plan (CIP) and a list of new SCS programs that would help justify the need for increased funding. She stated that before she would support doubling the City's funding for SCS she would like the opportunity to review and discuss that information, and to determine if the amount was to be doubled should the entire amount go to SCS or should part of it go to the Friends. She also stated that there had been no further discussion regarding the increased funding for SCS after the meeting in August 2006. Director Burton stated she had reviewed her notes from a 2006 work session when the 2007 draft budget was discussed; an amount of$13,500 for SCS (approximately double the 2006 amount) had been discussed. Councilmember CaIlies stated she did not think it was appropriate to withhold funding that SCS had understood it would receive when it prepared its budget. She thought to stop all payments to SCS would be severe. Councilmember Turgeon stated Council did not promise to make a funding payment of $13,500 to SCS; the City's past contribution had been $6,600. The City made no commitment to either SCS or the Friends to increase its funding to them. Because $13,500 was earmarked for SCS in the City's budget did not mean the City needed to spend the funds. Mayor Lizee stated because Council had discussed the increased funding and included it in the 2007 budget, she thought it was appropriate to pay SCS the increased SHORE WOOD CITY COUNCIL REGULAR MEETING March 12, 2007 Page 6 of9 contribution of $13,500. Councilmember Wellens stated he had no recollection of Council agreeing to double its contribution to SCS. Councilmember Turgeon stated the $13,500 amount was presented as one of the five key increases in the 2007 General Fund expenditures in an August 2007 budget discussion, and that was the last time SCS funding was discussed. CounciImember CaIIies stated SCS had prepared its 2007 budget based on assumptions about contributions from the various member cities. Therefore, she thought if there was a dispute about increasing the contribution to SCS, then at a minimum it was appropriate to release the amount to SCS that the City had contributed in 2006. Councilmember Wellens stated that if the City were to withhold part of the increased contribution SCS may be more receptive to providing CIP and new program information. Councilmember Woodruff stated he wanted to review the information Councilmember Turgeon had requested prior to increasing the contribution to SCS, and he would support funding SCS at the same level as in 2006 at this time. He then stated Administrator Dawson was going to participate in a discussion where that information would be discussed. Councilmember Turgeon stated she would prefer to withhold the entire amount, not just the increase amount, until Administrator Dawson had participated in the above stated discussions. Mayor Lizee questioned if Council would entertain a motion to pay SCS for an amount equal to the 2006 contribution. Callies moved, Wellens seconded, Approving Payment to Senior Community Services for One-half of the Invoice Amount of $13,441. Motion passed 4/1 with Turgeon dissenting. Woodruff moved, Callies seconded, Approving the Remainder of the Verified Claims List as Stated Minus Check # 44133. Motion passed 5/0. B. Ordinance Amending Seasonal Weight Restrictions This item was pulled from the consent agenda at the request of Council member Woodruff. Councilmember Woodruff explained the reason he asked to have this item pulled was because the draft ordinance contained in the meeting packet included an incorrect City Code Section Number. He stated a corrected draft ordinance had been presented to Council that evening. In response to a question from Councilmember Woodruff, Engineer Landini stated the street names included in the revised draft ordinance were consistent with what the City map indicated. Woodruff moved, Turgeon seconded, Approving ORDINANCE NO. 434, "An Ordinance Amending Chapter 610 of the Shorewood City Code Relating to Seasonal Weight Restrictions", and Adopting RESOLUTION NO. 07-018, "A Resolution Approving Publication of Ordinance No. 434 by Title and Summary." Motion passed 5/0. C. Approving a License Agreement for Use of Public Storm Sewer System for Peach Circle This item was pulled from the consent agenda at the request of Council member Woodruff. SHOREWOOD CITY COUNCIL REGULAR MEETING March 12, 2007 Page 7 of9 Councilmember Woodruff questioned if this was a unique circumstance (the request by Peter and Nancy Kizilos-Clift, 26395 Peach Circle, to connect to drain tile located in the public right-of-way,) and would the request establish precedent for future similar requests. Engineer Landini stated the request was unique because the property was located next to a street with drain tile located in it (most of the City's streets do not have drain tile in them). It was also unique because the property owners were currently pumping their standing water in their yard via sump pump onto the street which then travels via the roadway to the nearest catch basin; that results in standing water and ice on the street. Discharging to the drain tile was the most effective way to dispense with the standing water. In response to a comment from Councilmember Woodruff, Engineer Landini stated the water would end up in the same place but it would travel a different and better route. Councilmember Turgeon stated this resolution was related to the Hennepin County Regional Railroad Authority (HCRRA) resolution which was scheduled for consideration later on the agenda. Director Brown reaffirmed that this was a unique request. He stated there were a few instances when residents released their sump pumps onto the street which resulted in algae buildup. He cited one instance where a resident slipped on the algae and filed a claim against the City. He explained the City had all owed residents to discharge their sump pumps onto the right-of-way line. With this circumstance, the entire neighborhood approached the City requesting help. Each similar type request would be addressed as a license agreement. Staff also thought this solution was the most economical solution for both the property owner and the City. Councilmember Turgeon commented that the property owner was also contributing to the cost of the solution. Woodruff moved, Turgeon seconded, Adopting RESOLUTION NO. 07-019, "A Resolution Authorizing the Mayor or City Administrator to Execute a License to Allow a Drain Tile Connection in the Strawberry Lane Right-Of-Way." Motion passed 5/0. D. Approval of a License Agreement for Use of Data with the Minnehaha Creek Watershed District This item was pulled from the consent agenda at the request of Council member Woodruff. Councilmember Woodruff questioned if the City had the resources to comply with the reporting requirement specified in Section 1.8 of the proposed License Agreement. He noted that Section 2.2 of the Agreement specified that the Agreement could be terminated if the City did not comply with the terms and conditions of the Agreement (e.g., not submitting the annual report). Engineer Landini stated the information was already gathered by the Minnehaha Creek Watershed District (MCWD) through its permitting process. He stated it was possible to work with the MCWD to eliminate any redundancy with providing information. Woodruff moved, Wellens seconded, Approving RESOLUTION NO. 07-020, "A Resolution Authorizing the Mayor or City Administrator to Execute a License Agreement with the Minnehaha Creek Watershed District for Electronic Watershed Management Model Data." Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Request for Action by the Hennepin County Regional Rail Authority (HCRRA) Regarding Maintenance on Ditches SHOREWOOD CITY COUNCIL REGULAR MEETING March 12,2007 Page 8 of9 Engineer Landini stated based on previous Council discussion, there was a resolution before Council to request the Hennepin County Regional Rail Authority (HCRRA) to clean the ditch along the LRT Trail, removing wood chips, buckthorn, and other invasive vegetation. In response to a question from Councilmember Callies, Director Brown stated the City had been in contact with the HCRRA a number of times regarding the drainage issues along the LRT Trail. He stated there was a significant number of buckthorn along the Trail. He explained there had been a number of areas along the Trail where HCRRA had cut down trees and put the wood chips from the trees in the ditch which resulted in drainage problems. Wellens moved, Woodruff seconded, Adopting RESOLUTION NO. 07-021, "A Resolution Requesting the Hennepin County Regional Railroad Authority to Perform Maintenance on Ditches of the Lake Minnetonka LRT Regional Trail Corridor, East of Strawberry Lane." Motion passed 5/0. Mayor Lizee asked Director Brown to keep her updated on any future communication between the City and HCRRA. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff None. B. Mayor & City Council Councilmember Wellens questioned if Council wanted to take a position supporting LMCD's possible recommendation to close some of the boat launches and/or to charge a $5 launch fee on Lake Minnetonka. He also questioned if Council would prefer that the LMCD advocate to control the spread of zebra mussels at the source, the three infected bodies of water, which would be his preference. In response to a question from Council member Turgeon, Wellens stated the DNR was not in support of charging a launch fee or restricting the launch hours. Mayor Lizee stated the DNR was the oversight authority, but the City could make recommendations to the LMCD which could then make recommendations to the DNR. Mayor Lizee stated that she helped organize the first meeting of the 14 Lake Minnetonka neighboring cities mayors to discuss aquatic invasive species. The meeting was held on March 7, 2007, and there were approximately 25 attendees at the meeting. She stated that during the meeting there was time for discussion and consensus building. The purpose of this discussion and future related discussions were to determine if the "lake community" could support initiatives for maintaining a quality lake. Hopefully, the initiatives could spread throughout Hennepin County and the remainder of the State. She stated through public information meetings and reports and presentations to the various councils by the various organization involved (e.g., the LMA, the LMCD, the MCWD, and the DNR), there was hope that the quality of the Lake could be improved. Councilmember Wellens stated he was concerned that the LMCD was strongly supporting the boat launch closures and the charging of fees. He questioned if Council wanted to support that direction. Mayor Lizee stated she was not sure that was the direction of the LMCD; the DNR was not in support of that direction as Minnesota waters were open to the public. There was consideration of things such as higher boat license fees. Wellens stated he thought closing boat launches could protect Lake Minnetonka, but it would only drive activity to other lakes. SHORE WOOD CITY COUNCIL REGULAR MEETING March 12,2007 Page 9 of9 Mayor Lizee recommended Council have a work session to get more information from the LMCD and the LMA regarding aquatic invasive species control and possible initiatives. Councilmember Wellens stated from his perspective Council had already received information on the topics; he thought it was time for a decision to be made. Councilmember Woodruff stated he thought there would be value gained from having a work session to discuss the topic in more detail before direction is given. He suggested Tom Skramstad, LMCD chair, be invited to participate as well as anyone else Mr. Skramstad thought was appropriate. Wellens thought that was acceptable. Director Brown stated at first glance it appeared that the soonest that could be scheduled for a work session would be April 9, 2007. In response to a question from Councilmember Wellens, Councilmember Callies stated she would want to hear an explanation of why the LMCD was favoring its current recommendations. She would also like to understand how the LMCD planned to control invasive aquatic species. Director Brown stated Staff would request pertinent information on this topic be provided to Council in advance of the meeting. Councilmember Turgeon stated she thought the meeting should be restricted to the LMCD, and not the LMA. Mayor Lizee stated the LMCD and the LMA work in tandem on this topic. She stated that an LMA representative, Dick Osgood, should also be invited to the work session. Turgeon again stated she did not think the LMA should be involved because the City did not have an appointed representative on the LMA. Lizee stated Mr. Osgood, a Shorewood resident, had a great deal of background information with regard to the topic, and she asked that he be invited to participate. 12. ADJOURN Turgeon moved, Wellens seconded, Adjourning the City Council Regular Meeting of March 12, 2007, at 8:05 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder C~~ Christine Lizee, Mayor , I "-City of Shorewood March 12,2007 Council Meeting 6. PUBLIC HEARING A. 7:00 P.M. - Public Infonl1ation Hearing regarding Storm Water Pollution Prevention Program What is Storm Water? . Rain events . Snow melt . Other surface runoff and drainage When It Rains, It Drains A A;h~;:::~:~,;f ~~)l Storm Water 1~~!ll//!;/ Management Program/ 1/>/ 'l ,. , Let's Talk About. . . . What storm water is and why it can be a problem in our community. . What our community is doing to manage storm water and how these activities will benefit us. Where Does Storm Water Go In Our Community? . Discharges into Lake Minnetonka or Purgatory Creek A "Point" of Confusion: Point Source vs. Nonpoint Source . POINT source - Travels through a conveyance system - Regulated under permit program . NONPOINT source - Runoff that is not a point source - Addressed through voluntary programs Why is Storm Water a Problem? . Problem: Non-storm water discharges enter systems . Cause: Illicit discharges . Cause: Illicit connections Why is Storm Water a Problem? . Problem: Decrease in quality . Problem: Increase in quantity . Cause: Developed a disturbed land hOllS~holdwtlSleWalel (Iollot, sinks, olt.l seWN pipe ~ . 2 UNDERGROUND. SYSTEMS '. . 2 Storm Water Pollutants . Sediment . Trace Metals . Nutrients . Toxic Chemicals . Bacteria . Chlorides MN Water Quality and Storm Water Impacts . Total of 90,000 stream & river miles in MN - 10% of total assessed . 400/0 of assessed waters impaired . Oxygen Demand . Thermal Impacts . Oil and Grease From 2006 303(d) List Now We Know About Storm Water and Its Impacts on Our Community. . . But What Are We Doing About It? What Does Our Permit Require? . Implement a storm water management program . Track progress toward goals . Report on our progress Storm Water Permit Program for Small Communities . Federal regulation requires permit for our community . MPCA created a state permitting program to meet federal regulation Our Storm Water Program's Six Minimum Control Measures . Public Education . Public Involvement . Construction Site Runoff Management . Post-Construction Storm Water Management . Illicit Discharge Detection and Elimination . Good Housekeeping and Pollution Prevention 3 Public Education and Outreach . Develop outreach plan for community . Distribute educational materials developed by MPCA & MCES in the Shore Report & City web site :.w~(::Z~~,S~! m Illicit Discharge Detection and Elimination . Develop storm sewer system map - Complete, needs annual update . Implement program to detect non-storm water in system . Educate community on problems related to dumping in storm sewers Post-Construction Storm Water Management . Adopt MPCA's model storm water management ordinance . Ensure proper operation and maintenance of post- construction controls Public Involvement! Participation . Provide public notice . Create a public involvement plan . Hold a public meeting on the program Construction Site Storm Water Runoff Control . Enact MPCA's model ordinance . Coordinate with Watershed District - Erosion and Sediment Control Program - NPDES Construction Storm Water Permitting . Educate construction industry Pollution Prevention! Good Housekeeping . Implement 0 & M program that focuses on pollution prevention . Train community employees on good housekeeping practices . Educate community on pollution prevention 4 How Will Our Storm Water Program Benefit Our Community? How Can You Get Involved? . Follow pollution prevention tips . Pass on information about the storm water program to other community residents . Report any storm water issues to James Landini Expected Benefits of Our Storm Water Program . Enhanced fishing . Enhanced opportunities for recreation . Reduced flood damage . Drinking water benefits . Navigational benefits . Reduced illness . Enhanced aesthetic value For More Information. . . . City of Shorewood City Engineer 952-474-3236 . Minnehaha Creek Watershed District 952-471-0590 . Riley Purgatory Bluff Creek Watershed District 612-333-7400 . MPCA 651-296-6300 5